USPTO Patents Application 09995250

Oct-1 1*-2005 10:39am From-

. ' Keeasmitn

T-Z88 P. 001/002 F-279

FAX TRANSMITTAL

From: Tamara J. Yorita

Direct Phone: 21 5.241 .5663
Email: tyorita@reedsmith.com
Date: October 11. 2005

Reed Smith llp
2500 One Liberty Place
1650 Market Street
Philadelphia, PA 19103-7301
215.851.8100
Fax 215.851.1420

RECEIVED

CENTRAL FAX CENTER

Total Number Of Pages Including Cover Page _2_

OCT 1 %

FAX TO

Name

|_ Company

Fax Number g

. Phone Number

Examiner Sonny Trinh

U.S.P.T.O.

571.273.8300

571-273.7927

Original wfll follow via: □ Regular Mail □ Overnight Delivery □ Messenger g| None
NOTES: .

RE: In re: Tijenno

Application No.: 09/995,250
Filed: November 27, 2001

Title: "Adaptive Communication Data Retrieval System"
Art Unit: 2687

Pursuant to our telephone conversation of today, attached please find the Terminal Disclaimer
form discussed.

Thank you.

If you do not receive all of the pages, please call Doris B. McNeill at 215.241.7897.

Please Transmit Before L"39 L~3l0 Ql 1 a.m. □ 12 Dl rj2 D3 O D5 Q6 n? DSP-*.

Client Ntwibbr: • ■ 953267 . Matter Numbcr: '. : ■ ■ 20*65 _ Attorney Number:

Tiarwra'ssiorr.TiTiie:
Operaior: _

Mutter Number:
am/p.m.

' : : 20t65
-Finish Time:

4638

a.nup.m.

PLEASE MOT& The Inlanrallon contained In ~, fe^rrdle masaaoa rm» bo privilefled ana conllfleraa. and b Intended only to he «e ol me indMouritri <* entity named ebo™^,
hae Been specMrally authorized to receive it II tno reader 1= «« the Intended recipient, you *» hereby notified thai any aBaarmnaUon. ufetributan or copylnfi of tfei ammunition Is
aiacay proWbTOd. If you nave received mis commurDcalwo In err*, geaae notlly us immediately by telephone end return all pages to the addrea shown abovo. Than* you-

LONDON ♦ NEW YORK » LOS ANGELES ♦ SAN FRANCISCO ♦ WASHINGTON, D.C. - PHILADELPHIA, PrTTWUHfSH * OAKLAND
PRINCETON - FALLS CHURCH ♦ WILMINGTON ♦ NEWARK • MIDLANDS. ILK. • CENTURY CTTY ♦ RICHMOND . LEESBURG

reedsmith.com

PHLLIB-a420Se.-|-DBMCNEIL 10/11/08 10:34 AM

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Oct-11r2005 10:39am

F rora-

T-288 P. 002/002 F-279

PTOfS8/26 (09-04)
Approved for use through 07/31/2006. OMB 0651-0031
U S Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under tne Paparwork Reduglor Act ot 19SS, no persons are required to respond to a collection of i nformation unleas It displays a valid OMB control number.

TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING

REJECTION OVER A "PRIOR" PATENT

Docket NumBer (Optional)
01-40236-US-C

RECEIVED
CENTRAL FAX CEr

OCT \i

I

In (a Application of: Tijerino
Application No.: 09/995.250
filed: November 27, 2001

For Adaptive Communication Data Retrieval System

The owner i fan wirpiesa lnternationaUric of mo percent interest in me Instant application hereby disclaims,

Safpr o^^ ^tutory term of any patent granted on the Instant application which would extend I beyond

the expiration date of the full statutory term prior patent No. 6,405.034 as the term of said prlorlpatent is defined in 35 U.S.C. 1 54

and 173 and as the term of said prior patent is presently shortened By any terminal disclaimer. The owner hereby agrees mat any Patent; so
arantea on the instant application shall be enforceable only for and during such period that It and the prior patent are commonly owrtad. This
agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.

In making the above disclaimer, the owner does not disclaim the terminal part of the term of any patent granted on the J^^!™"^'
would extend to the expiration date of the full statutory term as defined in 35 U.S.C. 1 S4 and 1 73 of tne prior patent, as the term of said prior
patent is presently shortened by any terminal disclaimer, - in the event that said prior patent later:

expires for failure to pay a maintenance fee:

is held unenforceable;

Is found invalid by a court of competent jurisdietio n:

Is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1 -321 ;
has all claims canceled by a reexamination certificate;
Is f sTssligcJ * or

is in any manner terminated prior to the expiration of its full statutory term as presently shortened by any terminal disclaimer.
Check either box 1 or 2 below, if appropriate.

1, | [ For submissions on behalf of a business/organization (e.g., corporation, partnership, university, government agency,
etc), the undersigned Is empowered to act on behalf of the business/organization.

1 hereby declare that all statements made herein of my own knowledge are true and that all statements made on 'nfomation and
belief are Believed to be true; and further that these statements were made with the knowledge that willful false statements and the i like so
made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false
statements may Jeopardize the validity of the application or any patent issued thereon.

2. [3 The undersigned is an attorney or agent of record. Rea. No. 44,930

Thomas J. McWiWams

Typed or printed name

215-851-8100

Telephone Number

[7] Terminal disclaimer fee under 37 CFR 1 .20(d) included.

WARNING: Information on this form may become public. Credit card information should not
be included on this form. Provide credit card Information and authorization on PTO-2D38.

•Statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).
Form PTCWSB/96 may be used for making this certification. Sec MPEP § 324.

Tnis collection ot Information is required By 37 CFR 1 .321 . The information la required to obtain or retain a benefit oy tne pubic wti.tn Is to me i (anoj ay 1ST U5PT0
to £0^°" applcatJon Confidentiality is ooverned t>» 3S U.S.C. 122 and 37 CFR 1.11 and 1.14. Thia collection Is estimated o •*% l2MnM* to^W*,
taetadta aatherinl preparing, and submittinithe completed application term to the USPTO, Time will vary depending upon me Indhrtdua a"^™™""
^Tounfor uma you require to cwnrf-i. this torn, and/or avogastions tor roaucing «d* burden. MHM ^nUothe ^SpTdmsto™
and Trademark Office. U.S. Department or Commerce. P.O. Sox 1450. Alexandria. VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
ADDRESS. SEND TO: CommlGBlonor tor Patents, P.O. Box 1450, Alexandria. VA 22313-1450.

It you need assistance in completing the form, call 1-BDO-PTO-9199 and select option 2.

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